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(영문) 대전지방법원 2016.01.28 2015고단3730
농수산물의원산지표시에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of 15 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the actual operator of the agricultural products wholesaler D in the agricultural products wholesaler in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and a person who exercises overall control over the purchase and sale of food.

No one shall sell agricultural and fishery products or the processed products thereof with the country of origin disguised, or sell such products mixed with other agricultural and fishery products or the processed products thereof.

From the beginning of 2011 to October 22, 2015, the Defendant sold and distributed the 230 tons of rooted 338,193,50 tons of the market price per domestic production, including approximately 223 tons of rooted 223 tons of the market price per domestic production, by means of indicating the origin as if it were a whole of the rooted domestic production.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Details of purchase of D;

1. Detailed statement of transactions;

1. Certificate of origin provided by the producer;

1. Application of Acts and subordinate statutes to each investigation report, details of purchase of the root of the imported acid, transaction report by period, detailed statement of sales, and current status of sales of the root (Evidence No. 14, 15, 16);

1. Relevant Article of the Act on the Origin Labeling of Agricultural and Fishery Products and Articles 14 and 6 (1) 3 (to choose imprisonment and to impose a fine concurrently) of the Act on the Origin Labeling of Agricultural and Fishery Products for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case committed once a fine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is deemed to impair the order of good agricultural products distribution and undermining the consumer confidence, and the liability for the crime is not easy, such factors as the period of the crime and the size of profit gained from the crime, the degree of damage, the motive and circumstance leading to the crime, the degree of damage, the age of the defendant's family relationship, etc.

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